Sutherland has a diverse energy finance practice, representing lenders, borrowers, underwriters and issuers in a broad array of secured and unsecured, private and public, commercial and governmental, and system or project-specific financings. We are experienced not only in dealing with the legal issues that arise, but also in the efficient and cost-effective management of these transactions, from the simplest to the most complex.
Sutherland lawyers have negotiated operating and production-sharing agreements; reviewed exploration and production agreements; assisted in financing an acquisition of an LNG facility; represented lenders in connection with financing a cross-border pipeline project; and represented an energy client in an acquisition and project financing of a large gathering system and associated pipelines, among other matters.
Our energy finance experience also includes:
- Public, 144A private and A/B exchange offerings of various types of debt securities;
- Leveraged lease transactions;
- Project financings;
- Government-sponsored financings;
- Working capital financings, including commercial paper programs and lines of credit;
- Tax-exempt pollution control and IDB financings;
- Credit derivatives, including long-term interest rate swaps;
- Structured commodities financings, including specialized inventory securitizations;
- All forms of indenture financings, secured and unsecured;
- Debt settlements, workouts and restructurings; and
- Creditors’ rights.
In connection with negotiating and documenting these type of financings, we also provide specialized advice on critical tax, regulatory and other issues that frequently arise, including relevant industry diligence and disclosure issues, and the approvals required from state utility commissions, the Federal Energy Regulatory Commission, the Securities and Exchange Commission and the Rural Utilities Service.
We are experienced in negotiating and documenting complex intercreditor relationships between holders of senior and subordinated debt, as well as those providing collateral sharing and priorities and similar arrangements.
© 2013 Sutherland Asbill & Brennan LLP
